The Florida Senate

¹240.513  University of Florida; J. Hillis Miller Health Center.--

(1)  There is established the J. Hillis Miller Health Center at the University of Florida, which shall include the following colleges:

(a)  College of Dentistry.

(b)  College of Health-Related Professions.

(c)  College of Medicine.

(d)  College of Nursing.

(e)  College of Pharmacy.

(f)  College of Veterinary Medicine.

(2)  Each college of the health center shall be so maintained and operated as to comply with the standards approved by a nationally recognized association for accreditation.

(3)(a)  The University of Florida Health Center Operations and Maintenance Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from the sale of goods and services performed by the University of Florida Veterinary Medicine Teaching Hospital. The purpose of the trust fund is to support the instruction, research, and service missions of the University of Florida College of Veterinary Medicine.

(b)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

(4)(a)  The State Board of Education shall lease the hospital facilities of the health center, known as the Shands Teaching Hospital and Clinics, and consisting of Building 446 and parts of Buildings 204 and 205 on the campus of the University of Florida and all furnishings, equipment, and other chattels or choses in action used in the operation of the hospital, to a private nonprofit corporation organized solely for the purpose of operating the hospital and ancillary health care facilities of the health center. The rental for the hospital facilities shall be an amount equal to the debt service on bonds or revenue certificates issued solely for capital improvements to the hospital facilities or as otherwise provided by law. The board shall request recommendations from the Board of Regents of the State University System as to the terms of the lease not otherwise provided for in this act.

(b)  The board shall provide in the lease or by separate contract or agreement with the nonprofit corporation for the following:

1.  Approval of the articles of incorporation of the nonprofit corporation by the Board of Regents and the governance of the nonprofit corporation by a board of directors appointed by the President of the University of Florida and chaired by the Vice President for Health Affairs of the University of Florida.

2.  The orderly and just transition of hospital employees from state to corporate employment with the same or equivalent seniority, earnings, and benefits.

3.  The use of hospital facilities and personnel in the teaching role of the health center.

4.  The continued recognition of the collective bargaining units and collective bargaining agreements as currently composed and recognition of the certified labor organizations representing those units and agreements.

5.  The use of hospital facilities and personnel in connection with research programs conducted by the health center.

6.  Reimbursement to the hospital for indigent patients, state-mandated programs, underfunded state programs, and costs to the hospital for support of the teaching and research programs of the health center. Such reimbursement shall be appropriated to the health center each year by the Legislature after review and approval of the request for funds.

7.  The transfer of funds appropriated for and accumulated from the operation of the hospital to the health center to be used to fund contracts for services with the hospital.

(c)  The board may, with the approval of the Legislature, increase the hospital facilities or remodel or renovate them, provided that the rental paid by the hospital for such new, remodeled, or renovated facilities is sufficient to amortize the costs thereof over a reasonable period of time or fund the debt service for any bonds or revenue certificates issued to finance such improvements.

(d)  The Board of Regents is authorized to provide to the nonprofit corporation leasing the hospital facilities comprehensive general liability insurance including professional liability from the self-insurance trust fund established pursuant to s. 240.213.

(e)  In the event that the lease of the hospital facilities to the nonprofit corporation is terminated for any reason, the Board of Regents shall resume management and operation of the hospital facilities. In such event, the Administration Commission is authorized to appropriate revenues generated from the operation of the hospital facilities to the Board of Regents to pay the costs and expenses of operating the hospital facility for the remainder of the fiscal year in which such termination occurs.

History.--ss. 1-3, ch. 25249, 1949; s. 2, ch. 61-119; s. 1, ch. 63-537; s. 12, ch. 65-130; s. 1, ch. 74-255; s. 100, ch. 79-222; ss. 1, 2, ch. 79-248; s. 161, ch. 81-259; s. 42, ch. 82-241; s. 1, ch. 95-113.

¹Note.--Section 3, ch. 95-113, provides that:

"(1)  Pursuant to the provisions of Section 19(f)(2), Article III of the State Constitution, the University of Florida Health Center Operations and Maintenance Trust Fund shall, unless terminated sooner, be terminated on July 1, 1999.

"(2)  Prior to the regular legislative session immediately preceding the date on which the trust fund is scheduled to be terminated, the Department of Education and the Governor shall recommend to the President of the Senate and the Speaker of the House of Representatives whether the trust fund should be allowed to terminate or should be re-created. These recommendations shall be based on a review of the purpose and use of the trust fund and a determination of whether the trust fund will continue to be necessary. A recommendation to re-create the trust fund may include suggested modifications to the purpose of, sources of receipts for, and allowable expenditures from the trust fund. The department's recommendation shall be made as a part of its legislative budget request to the Legislature pursuant to section 216.023, Florida Statutes. The Governor's recommendation shall be made as a part of the recommended budget presented to the Legislature pursuant to section 216.162, Florida Statutes.

"(3)  If the trust fund is terminated, the Department of Education shall pay any outstanding debts or obligations of the trust fund as soon as practicable, and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities."

Note.--Former s. 241.471.